Petitioner sought quashing of an endorsement declining conversion of a 2.03-gunta revenue site under Section 95 of the Karnataka Land Revenue Act. The court found no infirmity in the endorsement, noting the site was carved from agricultural land purchased as a revenue site, and dismissed the petition.
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NC: 2024:KHC:24918 WP No. 16311 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 16311 OF 2024 (LB-RES)
BETWEEN:
NAGARAJA NAIK, AGED 55 YEARS, R/O NO.130, NEAR SEVA LAL TEMPLE, TATTEHALLI, ANJANAPURA VILLAGE, TALUK SHIKARIPURA - 577 447, DISTRICT SHIVAMOGGA.
…PETITIONER
(BY SMT. MANJULADEVI R. KAMADOLLI, ADVOCATE)
AND:
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
(BY SRI. S.R. KHAMROZ KHAN, AGA FOR R1 AND R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED CIRCULAR ISSUED BY THE R-1 IN NA.AA.E.153 BE.ROO.PRA.2008 DATED 15.01.2009 VIDE ANNEXURE-F SO FAR AS THIS PETITIONER IS CONCERNED AND THE ENDORSEMENT ORDER ISSUED BY THE R-2 DATED 30.03.2024 VIDE ANNEXURE-G AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned Additional Government Advocate is directed to take notice for respondent Nos.1 and 2. Notice to respondent No.3 is not necessary for the following reasons.
of land. It can be seen that the Deputy Commissioner has stated in the impugned endorsement at Annexure-G that there
NC: 2024:KHC:24918 WP No. 16311 of 2024
is no provision under Section 95 of the Karnataka Land Revenue Act, 1964 (hereinafter referred to as 'the Act' for short) to convert any agricultural land which is less than 5 guntas.
NC: 2024:KHC:24918 WP No. 16311 of 2024
registered in the office of the local authority. Nevertheless, it is the contention of the petitioner that this piece of land which was purchased by the petitioner was never converted, and the same was purchased as a revenue site.
Accordingly, the writ petition stands dismissed.
Sd/JUDGE
rv List No.: 1 Sl No.: 16 CT: BHK
1 issue framed by the court
Whether the Deputy Commissioner could refuse conversion of 2.03 guntas of land under Section 95 of the Karnataka Land Revenue Act on the ground that no provision exists to convert agricultural land le
2 provisions across 2 enactments
Nagaraja Naik
The State of Karnataka, represented by its Secretary to Urban Development Department
The Deputy Commissioner, Shivamogga District
Shivamogga Mahanagara Palike
R Devdas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
